Happy (Data Practices) New Year!

Highlights from advisory opinions issued in 2025 related to the Minnesota Government Data Practices Act and the Open Meeting Law.

The commissioner of the Minnesota Department of Administration has authority to issue nonbinding advisory opinions on issues related to the Minnesota Government Data Practices Act (MGDPA) and the Open Meeting Law. A city should be aware of these advisory opinions because when a government entity or public body complies with an advisory opinion, it is not liable for damages, attorney’s fees, or any other penalties if the matter is later raised in court.

Summaries of 2025 advisory opinions 

The following are advisory opinions issued in 2025 that are relevant to cities:

• Although interviews for a vacant position were conducted during a public meeting, the decision about whom to appoint occurred outside an open meeting when interview scorecards were tallied, in violation of the Open Meeting Law. See Advisory Opinion 25-001
• A public body must establish the time and place it intends to reconvene before recessing a meeting, and that information must be recorded in the meeting minutes. Public bodies must also create records documenting official business, as required under the Official Records Act. See Advisory Opinion 25-002
• Data maintained by a government entity relating to a complaint or charge against a public official who resigned after a personnel investigation was completed, but before the public body took official action, are public. The data are public because the official resigned while the complaint was still pending. See Advisory Opinion 25-003
• Under the MGDPA, the classification for nonpublic utility customer data does not apply to prospective customers, so data about individuals or entities who are not yet customers of a municipal electric utility are presumed to be public. In addition, when government entities sign nondisclosure agreements with private parties, those agreements cannot limit access to public government data. Provisions that conflict with state law are not enforceable. See Advisory Opinion 25-004
• Requests for emails also include any attachments to those emails. Government entities that use automatic email deletion must have procedures in place to identify and retain data responsive to a pending request, as well as any official records contained in emails, before deletion. See Advisory Opinion 25-005
• Government entities may ask requestors to narrow search criteria, but they cannot limit access to data simply because responding to a request is burdensome or technically difficult. See Advisory Opinion 25-006
• Government entities are required to have procedures to provide access to public data in an appropriate and prompt manner and within a reasonable amount of time. See Advisory Opinion 25-007
• Emergency meetings are reserved for situations requiring immediate consideration by a public body and should be limited to rare circumstances involving risks to public safety. See Advisory Opinion 25-008
• Calls made to a 911 system are classified as request-for-service data, not response or incident data. Audio recordings of 911 calls are private data; however, written transcripts are public unless they reveal an individual’s identity protected under state law. Documentation created when health-related information is shared with a nonprovider is not protected under the Minnesota Health Records Act. See Advisory Opinion 25-009
• Public meeting notice is required whenever a quorum or more of a public body gathers to receive or discuss information, or make a decision related to official business, even if no official action is taken. See Advisory Opinion 25-010
• When private parties contract with government entities to perform government functions, those private parties must comply with the MGDPA when carrying out duties related to the contract. See Advisory Opinion 25-011

Learn more and access additional advisory opinions issued by the Minnesota Department of Administration.

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